Citation, commencement and extent

1.-(1) These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019 and come into force on 10 October 2019.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations-

"the 1978 Act" means the Refuse Disposal (Amenity) Act 1978,

"the 1984 Act" means the Road Traffic Regulation Act 1984,

"the authority"-

"laden" means that the vehicle is carrying a load,

"load" means anything which, in the reasonable opinion of the authority, complicates or impedes the removal of the vehicle other than-

"MAM" means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1999(5) and, for the purposes of regulation 3, includes the MAM of any trailer attached to a vehicle,

"off road" means that no part of the vehicle is in contact with the road, or that, in the reasonable opinion of the authority, the vehicle's location is such that removal of the vehicle is of comparable complexity to a vehicle that is not in contact with the road,

"on road" means that any part of the vehicle is in contact with the road, and that, in the reasonable opinion of the authority, the vehicle's location is not such that removal of the vehicle is of comparable complexity to a vehicle that is not in contact with the road,

"operator" means any person lawfully removing the vehicle,

"road" has the same meaning as in section 151 of the Roads (Scotland) Act 1984(6),

"significantly damaged" means that, in the reasonable opinion of the authority, there is significant damage to the vehicle such that it renders the removal of the vehicle complex,

"two wheeled vehicle" means a mechanically propelled vehicle constructed or adapted to have two wheels or fewer and the MAM of which does not exceed 3.5 tonnes,

"unladen" means that the vehicle is not carrying a load,

"upright" means that, in the reasonable opinion of the authority, the vehicle is upright to such an extent that its removal is not complicated or impeded,

"vehicle" means any motor vehicle and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle and anything attached to such a vehicle.

Specification of sums and charges etc.

3.-(1) The prescribed sums for the purposes of sections 4(5) and (6) of the 1978 Act and 101(4), (4A)(b)(ii), (5) and (5A)(b)(ii) of the 1984 Act, the prescribed charges for the purposes of sections 5(1)(a) of the 1978 Act and 102(2)(a) of the 1984 Act, the prescribed scale for the purposes of sections 5(1)(b) of the 1978 Act and 102(2)(b) of the 1984 Act, and the prescribed manner of determining charges for the purposes of sections 5(1)(c) of the 1978 Act and 102(2)(c) of the 1984 Act are as specified in-

(a)paragraphs (2) and (3) in respect of the removal of a vehicle,

(b)paragraph (4) in respect of the storage, custody or retention of a vehicle, and

(c)paragraph (5) in respect of the disposal of a vehicle.

(2) Subject to paragraph (3), the amount for removal of a vehicle of the type and in the position and condition described in column 1 of the table in Part 1 of schedule 1, is the applicable amount specified in the corresponding entry in columns 2 to 5 of that table.

(3) There is added to the amount determined under paragraph (2)-

(a)a charge of £1.10 for every mile that the operator is required to travel in excess of 40 miles (starting from, and ending at, its base of operations) in order to remove the vehicle and store, retain or hold it in custody, and

(b)a charge of £125 for each journey the operator is required to make by ferry in order to remove the vehicle and store, retain or hold it in custody at its base of operations.

(4) The amount for each 24 hour period during which a vehicle of the type and MAM specified in column 1 of the table in Part 2 of schedule 1 is stored, in custody or retained, is the amount specified in the corresponding entry in column 2 of that table.

(5) The amount for the disposal of a vehicle of the type and MAM specified in column 1 of the table in Part 3 of schedule 1 is the amount specified in the corresponding entry in column 2 of that table.

(6) For the purposes of paragraph (4)-

(a)the first 24 hour period begins at noon on the first day that the vehicle is retained at a place where it can be claimed before noon of that day, and

(b)the amount is payable in respect of any part of a 24 hour period during which the vehicle is retained.

Revocations and saving

4.-(1) Subject to paragraph (2), the instruments specified in schedule 2 are revoked.

(2) In relation to vehicles removed prior to 10 October 2019, nothing in these Regulations has effect and the instruments mentioned in schedule 2 continue to have effect.

Regulation 3

SCHEDULE 1Specification of sums and charges etc.

PART 1Removal of a motor vehicle

PART 2Retention of a motor vehicle

PART 3Disposal of a motor vehicle

Regulation 4

SCHEDULE 2Revocations

1.  The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989 (S.I. 1989/744).

2.  The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) Regulations 1991 (S.I. 1991/336).

3.  The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) Regulations 1993 (S.I. 1993/550).

4.  The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) (No. 2) Regulations 1993 (S.I. 1993/1415).

5.  The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) (Scotland) Regulations 2005 (S.S.I. 2005/486).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Refuse Disposal (Amenity) Act 1978 ("the 1978 Act") and the Road Traffic Regulation Act 1984 ("the 1984 Act"). They revoke and replace the instruments specified in schedule 2.

Section 3 of the 1978 Act requires a local authority to remove certain abandoned vehicles, section 4 enables the authority to dispose of such vehicles, and section 5 enables the authority to recover expenses in connection with removed vehicles.

Section 10(1) of the 1978 Act allows for different provision to be made for different circumstances.

Section 101 of the 1984 Act authorises the recovery of sums and section 102 authorises the recovery of charges in respect of the removal, storage and disposal of vehicles as may be prescribed.

Section 103(3) of the 1984 Act allows for different charges to be prescribed for different cases or classes of case.

Regulation 3 prescribes the amounts payable in respect of removal, retention and disposal of vehicles as set out in Parts 1 to 3 of schedule 1. The amount payable in respect of those matters is determined by the type or size of a vehicle, and by the circumstances under which it is removed. Regulation 3(3) also makes provision for additional charges for the removal of a vehicle in certain circumstances. A mileage charge of £1.10 per mile is applied where the operator is required to travel in excess of 40 miles in order to remove and retain a vehicle and a ferry charge of £125 is applied for every single journey by ferry the operator is required to make to remove and retain a vehicle.

Regulation 4 revokes the instruments listed in schedule 2.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Environment and Forestry Directorate, Zero Waste Delivery Team, Victoria Quay, Edinburgh EH6 6QQ.